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HomeMy WebLinkAboutOrdinance 48-O-26 (2) (1) 06/08/2026 48-O-26 AN ORDINANCE Amending Title 10, Chapter 6, Section 1, “Towing and Impoundment of Vehicles –Definitions” and Title 10, Chapter 6, Section 2, “Towing and Impoundment of Vehicles – Authority to Remove Vehicles (Tow)” WHEREAS, the City of Evanston is a home rule municipality under the Illinois Constitution of 1970; and WHEREAS, the City of Evanston is responsible for the operation and management of three downtown parking garages owned by the City as well as maintaining over 30 surface parking lots, including parking lots at or adjacent to City parks and beaches; and WHEREAS, the City of Evanston desires to clarify when it may tow vehicles parked on City property, including vehicles parked at public parking lots at or adjacent to City parks and beaches after operating hours; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1. Title 10, Chapter 6, Section 1, “Towing and Impoundment of Vehicles – Definitions” is hereby amended as follows: 10-6-1. DEFINITIONS. ABANDONED VEHICLE. A vehicle parked or otherwise located on the public way; and (A) In such a state of disrepair that it is incapable of being driven; or (B) That has been unmoved for a period of seven (7) days; or (C) Has been left on the public way without valid State Page 1 of 6 registration plates or a valid temporary State registration placard for two (2) or more days. ACCIDENT INVOLVED VEHICLES. A vehicle which is inoperable due to an accident and which is located so as to constitute an obstruction to the normal flow of traffic. DERELICT MOTOR VEHICLE. A vehicle which lacks wheels, motor, transmission, battery or any other component part such that it is inoperable and constitutes a hazard to the public. HAZARDOUS VEHICLE. A vehicle on any public way which by its condition or location constitutes a clear and present danger to the safety of the public or an obstruction to the normal flow of traffic. This shall also include vehicles obstruction fire hydrants. HEARING OFFICER. A licensed attorney who meets the qualifications set forth in Section 11-1-8 of this Code. LESSEE A person operating a motor vehicle pursuant to a lease or any other written document vesting exclusive possession, use, control, and responsibility of the motor vehicle during the specified time period. LIENHOLDER OF RECORD A person holding a security interest in a vehicle. NONMOTORIZED OBSTRUCTION VEHICLE A vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle and located on a public way at a time or in such a manner as to be in violation of Section 10-4-3 of this Title. OWNER OF RECORD The registered or legal owner or person who is otherwise entitled to possession of the motor vehicle. POLICE IMMOBILIZED A vehicle located on a public way which has been rendered immobile by the Police Department. 48-O-26 Page 2 of 6 VEHICLE (WHEEL LOCK). RESERVED RESIDENTIAL WHEELCHAIR BOUND SPACE OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-11(B) of this Title. SNOW EMERGENCY OBSTRUCTION VEHICLE. A vehicle located on a public way in such a manner as to be in violation of Section 10-4-13 of this Title. STREET CLEANING OBSTRUCTION VEHICLE A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2. of this Title. STREET OR SEWER MAINTENANCE OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2. of this Title. TOW AWAY ZONE OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2. of this Title. TREE CUTTING OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2. of this Title. VEHICLE PARKED ON PUBLIC AND/OR PRIVATE PROPERTY WITHOUT CONSENT. (A) A vehicle parked in a public parking lot or in a private parking lot without the consent of the lot owner, proprietor or agent of the property, which person has requested that, at the expense of the vehicle owner, the vehicle be towed; or (B) A vehicle located on private property when the property owner, proprietor or agent is unknown, and the vehicle owner cannot be determined or contacted. 48-O-26 Page 3 of 6 VEHICLE PARKED ON PUBLIC PROPERTY. (A) A vehicle parked on public property, including but not limited to a public parking lot owned by the City of Evanston, beyond the time authorized for parking under this Code; (B) A vehicle parked on public property that is part of or adjacent to a public park or beach beyond the hours of operation authorized pursuant to Sections 7-10-2 and 7-11-4. SECTION 2. Title 10, Chapter 6, Section 2, “Towing and Impoundment of Vehicles – Authority to Remove Vehicles (Tow)” is hereby amended as follows: 10-6-2. AUTHORITY TO REMOVE VEHICLES (TOW). (A) The City Manager or his/her designee is hereby authorized to immediately and without prior notice tow away, or cause to be towed away, any vehicle on any public street, public place or private property in the following circumstances: 1.When the motor vehicle is an accident involved motor vehicle; 2.When the motor vehicle is a hazardous vehicle; 3.When the motor vehicle is a derelict motor vehicle; 4.When the motor vehicle is a snow emergency obstruction; 5.When the motor vehicle is a street cleaning obstruction; 6.When the motor vehicle is a tree cutting obstruction; 7. When the motor vehicle is a street or sewer maintenance obstruction vehicle; 8.When the motor vehicle is a tow away zone obstruction vehicle; 9. When the motor vehicle is not operable due to the arrest of the owner or operator; 10. When the motor vehicle is an abandoned, lost or reported stolen vehicle; 11. When the motor vehicle is a reserved residential wheelchair bound obstruction vehicle; 12.When the vehicle is a nonmotorized obstruction vehicle; 13. When the motor vehicle is a wheel lock immobilized vehicle pursuant to police order; 48-O-26 Page 4 of 6 14. When the vehicle is on private property and is parked there without consent of the property owner, proprietor, or agent of the property; provided: a) that signs posted on the property give notice that parking is prohibited, and b) that the person requesting the tow signs a statement that he/she is the owner, proprietor, or agent of the property and that he/she has authority to request the tow; 15. When the motor vehicle violates the provisions of Subsection 9-5-20(A)(4) of this Code; 16. When the vehicle was reportedly used in the commission of a crime; 17. When a crime was reported, or is suspected to have occurred, within any part of the vehicle; 18. When the motor vehicle is physically obstructing access to a fire hydrant; 19. When the recreational vehicle violates the provisions of Subsection 10-4-20 of this Code. 20. When the motor vehicle is (a) parked on public property, including but not limited to a public parking lot owned by the City of Evanston, beyond the time authorized for parking under this Code; or (b) parked on public property that is part of or adjacent to a public park or public beach beyond the hours of operation authorized pursuant to Sections 7-10-2 and 7-11-4. (B) The City Manager or his/her designee is hereby authorized to immediately tow, or cause to be towed away, any vehicle on any public street or public place when a temporary tow-away zone has been posted by the authority of the City with forty-eight (48) hours notice. Such tow-away zones shall clearly indicate the temporary tow-away zone date and time. (C) The Chief of Police shall promulgate rules and regulations in the form of a special order for the implementation of this Chapter. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this 48-O-26 Page 5 of 6 Ordinance is severable. SECTION 5: This Ordinance shall be in full force and effect beginning upon passage. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2026 Adopted: ___________________, 2026 Approved: __________________________, 2026 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel 48-O-26 Page 6 of 6 June 8 June 8